If the authorities’ prohibition applies to the tenant’s business practiced at the premises, such as closing of a school or a day-care, it is a great question, whether this is a situation within the meaning of the legislation which justifies the exemption from the rent. The starting point is that the lessor is not responsible for anything else than providing the premises at the tenant’s use and the tenant bears the responsibility for practicing it’s business at the premises. When enacting the Act on Commercial Leases the current situation regarding coronavirus was not taken into account and the thinking at that time was largely based on the fact that the use had to be banned precisely because of a fault in the building.
The main rule is that the restrictions to the tenant’s business do not directly entitle to an exemption from the rent. Nevertheless, it is an entirely different matter that while the law may not give a straight answer, based on its provision relating to adjusting (5 §), it can be deemed that the risk should not be solely for the tenant to bear if the restrictions continue for a long time. This would, among other things, enable the possibility to adjust the term regarding payment of the rent.
It must be noted that he enforcement of the Emergency Powers Act affects the evaluation of the duties and the evaluation has to be done case-by-case.